{"operation":"document","citation":"05-0287","title":"Airgas, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-02-03","effective_on":null,"summary":"05-0287 response to Airgas, Inc. concerning 180.205.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0287.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0287.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0287","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050287.pdf","body":"<<>>\n\nMr. John Anderson\nRef. No.: 05-0287\nDirector of DOT Operations\nAirgas, Inc.\nPO Box 20067\nCheyenne, WY 82003\nDear Mr. Anderson:\nThis is in response to your letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) regarding verification of cylinder testing\nequipment to within ‡1.0% of the calibrated cylinder's pressure and corresponding\nexpansion values. Specifically, you ask if § 180.205(g)(4) requires a retester to demonstrate\ncalibration for more than one test jacket if multiple test jackets are used to test cylinders that\nday.\nIn accordance with § 180.205(g)(4), the test equipment must be verified to be accurate\nwithin +1.0% of the calibrated cylinder's pressure and corresponding expansion values. The\nretester achieves verification by demonstrating calibration of the test equipment used to\nretest cylinders that day. An authorized inspector may request a demonstration of any or all\ntest equipment used to test cylinders. Any configuration of test jacket and test heads used to\nretest cylinders that day is subject to demonstration at the inspector's request. Therefore,\neven if you demonstrate calibration with one test jacket, at the discretion of the authorized\ninspector, you may be required to demonstrate that additional testing equipment used to test\ncylinders that day is properly calibrated.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nJohn A.\nGale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n180.205gG\n050287\n\n<<>>\n\nNovember 14, 2005\nJohn Heneghan\nUS DOT / PHMSA\n233 Peachtree Street NE, Suite 602\nAtlanta, GA 30303\nDear Mr. Heneghan:\nPer our conversation today, Airgas Inc. request an interpretation on 49 CFR 180.205(g)(4) which\nstates \"The test equipment must be verified to be accurate within +/- 1.0% of the calibrated\ncylinder's pressure and corresponding expansion values\". Our question is based upon our\npending Ticket for Noncompliance 05T-0414-CR-SO.\nThe facility that was cited operates a double jacket computerized hydrotesting system. They\naccurately calibrated to 3,000 and 4,000 psi in both jackets (jacket 1 and jacket 2) at the\nbeginning of the shift (approximately 6 AM) before testing began. When asked to demonstrate\ncalibration at approximately 10:30 AM for the PHMSA inspector, we were able to demonstrate\ncalibration in jacket 1 to 3000 and 4000 within the 1.0% tolerance. In jacket 2 we demonstrated\ncalibration within 1.0% tolerance at 3,000 but at 4,000 our tolerance was slightly over 1.0%\n(1.013%) which resulted in the above Ticket for Noncompliance.\nPlease note that the system will not calculate the expansion value to 1.013%, instead the system\nrounds the value up. Example, at 4000 psi this calibration cylinder expansion value is 85.4\ngrams. + 1% of this value is 86.254, which is impossible to read on this system when in the\n\"test mode\". If the reading is 86.254, it will round to 86.5 (the value that resulted in the Ticket\nfor Noncompliance) which is 1.013% of 85.4. In all calibration attempts the calibrated cylinder\nreturned to zero.\nOur question is that since 49 CFR 180.205(g)(4) does not state you must show calibration in both\njackets, why would we be cited or be required to demonstrate calibration in both jackets? Also\nsince a jacket consists of the jacket and test head, are we required to demonstrate calibration with\nboth jackets and both test heads?\nAirgas operates over 20 hydrotesting locations in the United States. Our goal is to operate all\nlocations in full compliance, but we request clarification on this issue. We have successfully\npassed RSPA and PHMSA hydrotesting audits and this is the first time we have been required to\ndemonstrate calibration in both test jackets.\n\n<<>>\n\nJohn Anderson\nDirector of DOT Operations\nAirgas, Inc.\n\n<<>>\n\nThanks Susan & Carolyn.\n85-0287\nPlease forward the information below since it may clarify the facts for the person making the decision.\nTake Care,\nJohn\nSince I was the lead investigator on this ticket, I can give a little more insight into why this stands as a violation.\nThe company has two separate water jackets to hydro test cylinders. The day of the inspection, the company had\ndecided to show me calibration on Jacket# 2, which they could not achieve for 4,000 psi. Two cylinders had beer\nalready tested about 20 cylinders between the two jackets. During the course of the inspection, the company\ntested at 3,700 psi that day on Jacket #2, which puts them in violation of not being able to calibrate in the\npresence of a DOT inspector. Thereafter the company tried numerous times, and could not achieve calibration on\nJacket #2. At the conclusion of the inspection, they were able to show me that they could calibrate on Jacket #1,\nwhich is of no consequence considering the cylinders in question were tested on Jacket #2.\nthe ingece on, they singable\nAlthough 49 CFR 180.205(g)(4) does not state that calibration must be performed on multiple jackets, I believe\nlogically the regulation does incorporate that any cylinder tested in any jacket must be able to show calibration on\nthat system or jacket within +/- 1%. The main issue at hand here is that the calibrated cylinder was not calibrated\nwithin +/- 1% during a compliance inspection in a jacket where cylinders had been tested prior to the inspection.\nthis is an open enforcement item. Thanks.\nJason\nFrom: Gorsky, Susan \nSent: Tuesday, November 15, 2005 1:19 PM\nTo: Drakeford, Carolyn \nCc: Mitchell, Hattie ; Mazzullo, Ed ; Smith, Doug S. ; LaMagdelaine, Ray\n; Heneghan, John \nSubject: FW: Airgas - Letter of Interpretation Requested.\nCarolyn,\nis part of a pending enforcement action, and we would like to send a response as soon as possible. Thanks.\nPlease enter the attached letter from Airgas into the interp data base and let the specialist handling it know that it\nSusan\nFrom: Heneghan, John \nSent: Tue 11/15/2005 9:50 AM\nTo: Mazzullo, Ed ; Gorsky, Susan ; Gale, John \nCc: Smith, Doug S. ; LaMagdelaine, Ray ; Williams, Jason \n11/16/2005\n\n<<>>\n\nJohn\nFrom: John Anderson (SAFECOR) [mailto:John.Anderson@Airgas.com]\nSent: Monday, November 14, 2005 10:59 PM\nTo: Heneghan, John \nSubject: Airgas South Ticket for Noncompliance\nGood evening,\nThank you for helping with the interpretation on this issue. Please confirm that you received this email and the\nattachment.\nThank you for placing this citation on hold until we hear a response. If 1 can answer any questions, please let me\nknow. I travel a lot, but normally have access to email every evening.\nJohn Anderson\nAirgas-SAFECOR\nP. O. Box 20067\nCheyenne, WY 82003\nPhone 1-307-778-8809\nFax 1-307-778-7497\njohn.anderson@airgas.com\n11/16/2005","truncated":false,"body_characters":6882}